Motor vehicle accidents can result in devastating physical injuries and considerable property damage. According to the CDC, the motor vehicle occupant death rate in Virginia is 6.8 per 100,000 population.
Car accidents can happen due to a number of reasons and most commonly, they happen due to the drivers’ fault. However, there are cases where poor road design and unsafe road conditions can lead to a car wreck. Recovery from accident injuries can become more difficult knowing when no other driver was at fault.
Even though car accidents due to unsafe road conditions are not due to another human’s fault. The accident victim or victims can still seek financial compensation for their losses.
In most cases, you would have to file a personal injury lawsuit against a government entity for poor design and maintenance of roads. This can be complicated and you will need an experienced accident attorney to pursue your case. But first, let’s look at the matter in detail and explore your options and the legal process.
What are the Common Causes of Car Accidents in Virginia?
Let’s look at the common causes of car accidents in Virginia:
Distracted driving: According to the NHTSA’s research on car accident causes, almost 18% of drivers involved in a vehicle accident were engaged due to a non-driving-related activity while the crash happened. And, 12% of these drivers were either on their phone or talking to a passenger.
Over-speeding: Drivers that indulge in aggressive driving behaviors like speeding and hard breaking have very little control over their vehicle. Speed also contributes to a harder impact during a collision.
Tailgating: Tailgating or driving too close to another vehicle is a leading cause of rear-end collisions and other types of accidents. Limited distance between you and the vehicle in front, allows for very little space and time to hit the brake. This is particularly dangerous at high speeds.
Driving fast in bad weather: Bad weather means compromised road conditions and less visibility and control over vehicles. A driver can drive too fast for the weather conditions and end up losing control over the vehicle on a wet or icy road.
Malfunctioning vehicle gear: Brake failure, airbag opening suddenly, or a tire blowout can cause road accidents.
Hazardous road conditions: Poor road conditions like potholes, soft shoulders, cracks, and bad design can lead to a car wreck.
Drunk driving: Drunk drivers cannot focus on the road or control their vehicles and are often the reason for catastrophic road accidents.
Not obeying traffic rules: A large portion of traffic accidents happen due to drivers not obeying traffic laws and signals. When drivers break a traffic signal at an intersection, they can put other motorists, pedestrians, and cyclists at risk.
What Kind of Accidents Can Result Due To Unsafe Road Conditions?
Unsafe road conditions may not be a driver’s fault but they still lead to severe traffic accidents. These types of accidents include:
No matter the kind of accident, the resulting injuries can be serious and sometimes even lead to wrongful death.
What Injuries Can Be Caused By Unsafe Road Conditions?
As mentioned before, accident victims can sustain severe injuries as a result of unsafe and poor road conditions. These injuries can impair the victim’s ability to live a normal life and support their family financially. Some of these include:
- Traumatic brain injuries
- Spinal cord injury
- Neck injury
- Abdominal injury
- Broken bones and fractures
- Sprains and strains
- Loss of limb
Getting financial compensation for these injuries can help the victim survive through mounting medical bills and lost wages.
Who is Liable for an Accident Caused by Unsafe Road Conditions?
In the state of Virginia, liability is determined by negligence. If a responsible party failed to uphold its duty to the injured victim, negligence is established and the responsible party is held liable.
In a car accident that’s caused by poor road conditions, the driver, the local government that takes care of the roa] and the company that built the road can all be held liable for the accident.
The tricky part with suing a government entity is that they have sovereign immunity. That means that the entity can’t be sued if they don’t allow it. However, there are certain rules under which you can sue a government entity for negligence. Your personal injury attorney will help you determine the right course of action for your injury claim.
What Actions Should You Take Right After a Car Accident Due to Unsafe Road Conditions?
Seek Medical Help
As soon as you can, call 911 and seek medical help for your injuries. Do not wait to get checked by a medical professional even if you think you are fine. Get your injuries treated and properly recorded by the medical health professional.
Document the Accident Scene
Use your phone to take pictures of the road and your wrecked vehicle on the accident scene. Also, make sure you take pictures of your injuries to document their severity before they’re treated.
Gather contact information from the witnesses on the accident scene. If another driver was involved in the accident, take their contact information, insurance company information, license plate number, driver’s license information.
Report the Accident
When you call 911, ask for the police as well. Have the responding officer create a proper police report of the accident. This report will assist your accident attorney in creating a robust injury claim on your behalf.
Holding the Negligent Parties Accountable
Whether it was another driver’s fault or the government entity’s, the accident victim suffers greatly due to the property damage and the physical injuries sustained during a car accident. Being injured means not being able to continue working while the victim is recovering. It means mental anguish and suffering from trauma, long after the accident.
A personal injury claim will help the victim recover economic and non-economic damages including medical costs, physical therapy costs, and lost wages.
The VACAIL Law Firm Can Help You With Your Personal Injury Claim:
An accident due to unsafe road conditions can be hard to deal with. Just like any other accident, it’s unexpected and can alter the victim’s life for the worst. It’s hard enough recovering from severe injuries due to accidents without having to also worry about legal processes. This is a time when the victim should spend maximum time recovering and focusing on their health.
This is where the VACAIL law firm can give you the legal representation you need to get a fair settlement for your losses.
Here’s how we help you win your case and get maximum compensation:
- We offer you a free consultation and assess whether the case is a right fit for us or not.
- We help you avoid the tactics of insurance companies.
- We help you avoid mistakes that can cost you your case and compensation.
- We negotiate with the defendant and the insurance companies on your behalf.
- We ensure maximum compensation for your pain and suffering.
We happen to be the best team of personal injury attorneys in Virginia and we operate on a contingent fee basis. This simply means that we won’t charge you a dime unless we win the case for you and get you the settlement you deserve. We take pride in our attorney-client relationship.
Looking to sue for a car accident caused by unsafe road conditions? Call us now.